January 18, 2013
A 44-year-old self-confessed alcoholic narrowly escaped going to jail when he pleaded guilty in Kingaroy Magistrates Court on Thursday to two high-range drink-driving charges.
Glenn Vincent Andrew blew 0.245 when he was stopped by police at 5:05am in Kingaroy Street on August 31 last year.
Then on October 21 he was stopped in the same street at 4:00pm and found to be 0.314.
On the second occasion, he told police he would probably be going to jail.
Police Prosecutor Sgt Wayne Bushell said Andrew had a long history of drink-driving offences.
“I am aware of Mr Andrew and he has significant health issues however the public needs to be protected,” Sgt Bushell said.
“The second offence puts him into the position where a term of imprisonment has to be imposed. He is an alcoholic and can’t help himself, and in these circumstances the community must be protected.”
Mr Mark Werner, for Andrew, said it had to be conceded his client had a poor traffic history in regards to drink-driving. He had faced charges in 1986, 1995, 2001, 2003 and 2009.
“He does have an alcohol addiction. He suffers from cirrhosis and his body can hardly process alcohol any more,” Mr Werner said.
He asked the court to focus on rehabilitation as “an alcoholic who is driving will always be over the limit”.
“Mr Andrew must cease alcohol 100 per cent,” he said.
Reference letters were tendered to the court from Andrew’s wife, who has cancer, and his 12-year-old daughter.
Magistrate Mark Bucknall said the second charge attracted a mandatory period of imprisonment.
“It seems the reason for your offending arises from an unfortunate addiction which is well-documented in your medical history,” Mr Bucknall said.
“You should feel great distress reading the letter from your daughter … she wants to see her Dad healthy and sober again.”
But he had to strike a balance between deterrent and rehabilitation.
On the first charge, he sentenced Andrew to four months’ imprisonment, wholly suspended for two years, and disqualified him from driving for 2 1/2 years.
On the second charge, Andrew was sentenced to 12 months’ jail, to be served as an Intensive Correction Order in the community. He was disqualified from driving for three years.
Mr Werner said Andrew had been accepted into a seven-day detox program and then would go to a seven-month live-in program at the Salvation Army’s Fairhaven facility to try to clear himself entirely from alcohol.
